Huweih v. US Bank Trust, N.A. As Trustee for LSF9 Master Participation Trust et al

Filing 12

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE; SUSPENDING BRIEFING AND VACATING HEARING ON MOTION TO DISMISS. In light of the reference, the briefing schedule on defendant's motion to dismiss, filed February 1, 2016, is suspended, and the March 11, 2016 hearing date on said motion is vacated, pending further order of the Court. Signed by Judge Maxine M. Chesney on February 11, 2016. (mmclc2S, COURT STAFF) (Filed on 2/11/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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No. C-16-421 MMC
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AMAL HUWEIH,
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE; SUSPENDING
BRIEFING AND VACATING HEARING
ON MOTION TO DISMISS

Plaintiff,

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v.
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U.S. BANK TRUST, N.A., et al.
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Defendants.

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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court hereby
REFERS this foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for
a telephone conference to assess said action’s suitability for mediation or a settlement
conference. Counsel for plaintiff and for defendants shall participate in a telephone
conference, to be scheduled by the ADR Unit as soon as possible but no later than March
4, 2016.
Counsel shall be prepared to discuss the following subjects:

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(1)

Identification and description of claims and alleged defects in loan
documents.

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(2)

Prospects for loan modification.

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(3)

Prospects for settlement.

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The parties need not submit written materials to the ADR Unit for the telephone

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conference.

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In preparation for the telephone conference, counsel for plaintiff shall do the
following:

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(1)

Review relevant loan documents and investigate the claims to
determine whether they have merit.

(2)

If plaintiff is seeking a loan modification to resolve all or some of the
claims, counsel for plaintiff shall prepare a current, accurate financial
statement and gather all of the information and documents customarily
needed to support a loan modification request. Further, counsel for
plaintiff shall immediately notify counsel for defendant of the request
for a loan modification.

(3)

Provide counsel for defendant with information necessary to evaluate
the prospects for loan modification, in the form of a financial statement,
worksheet or application customarily used by financial institutions.

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In preparation for the telephone conference, counsel for defendant shall do the
following:
(1)

If defendant is unable or unwilling to do a loan modification after
receiving notice of plaintiff’s request, counsel for defendant shall
promptly notify counsel for plaintiff to that effect.

(2)

Arrange for a representative of defendant with full settlement authority
to participate in the telephone conference.

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The ADR Unit will notify the parties of the date and time the telephone conference

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will be held. After the telephone conference, the ADR Unit will advise the Court of its

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recommendation for further ADR proceedings.

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Lastly, in light of the reference, the briefing schedule on defendant’s motion to

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dismiss, filed February 1, 2016, is hereby SUSPENDED, and the March 11, 2016 hearing

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date on said motion is hereby VACATED, pending further order of the Court.

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IT IS SO ORDERED.

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Dated: February 11, 2016
MAXINE M. CHESNEY
United States District Judge

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